Updated August 11, 2018
1. Limited Rights
During the term of this Agreement, You are granted limited, non-exclusive access to the Website and to the Services and Information solely for Your personal non-commercial use. You agree to use the Services and Information only in accordance with this Agreement as it may be amended by WealthPRIME™ from time to time. For purposes of this Agreement, the term “Website” means the Internet website owned and operated by WealthPRIME™ known as www.WealthPRIME.com , as the same may be modified from time to time during the term of this Agreement.
2. Existing Users
If You are an existing WealthPRIME™ user to whom the WealthPRIME™ End User Agreement applies or if You are an authorized “User” under a valid corporate agreement between WealthPRIME™ and Your employer or another institution, the terms of the End User Agreement, or that other agreement, may provide for different or additional rights and obligations in lieu of or in addition to certain of the terms and conditions of this Agreement. In the event of any conflict, the terms of such a valid End User Agreement or other written agreement will control.
4. Disclaimer of Warranties
All Information provided through, or otherwise made available on or through the WealthPRIME™ Website, is gathered from sources that WealthPRIME™ believes are reliable; however, WealthPRIME™ does not warrant the accuracy, completeness, or timeliness of the Information. There may be delays, omissions or inaccuracies in the Information. You agree that WealthPRIME™ shall have no liability, contingent or otherwise, for the accuracy, completeness, or timeliness of the Information, or for any decision made or action taken by You in reliance upon the Information. Access to tax rates and income brackets, stock quotes and charts may be provided on the WealthPRIME™ Website through an independent third party whose content is copyrighted. WealthPRIME™ and its vendors make no guarantees as to the availability, timeliness or accuracy of such rates, brackets, quotes or charts, and Your use of such rates, brackets, quotes and charts is subject to these warranty disclaimers and the limitation of liability set forth below.
THE WEBSITE AND THE SERVICES AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WealthPRIME™ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND INFORMATION, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF WealthPRIME™ HAS BEEN INFORMED OF SUCH PURPOSE, ANY IMPLIED WARRANTIES ARISING THROUGH A COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. WealthPRIME™ FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR ANY OF THE SERVICES OR INFORMATION WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND WealthPRIME™ EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG THEY LAST, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5. Exclusion of Consequential Damages; Limitation of Liability
You acknowledge that the Information is not intended as investment, business, tax or legal advice, and WealthPRIME™ shall not be responsible for any investment, business, tax or legal recommendations or opinions of third parties cited by the Services or in Information contained therein.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE WEBSITE AND THE SERVICES AND INFORMATION IS AT YOUR SOLE RISK, THAT ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IN NO EVENT SHALL WealthPRIME™, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, TRADING LOSSES AND OTHER COMMERCIAL DAMAGES) THAT RESULT FROM THE USE OF THE WEBSITE OR ANY OF THE SERVICES OR INFORMATION OR FROM ANY INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE WEBSITE OR ANY OF THE SERVICES OR INFORMATION, EVEN IF WealthPRIME™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF WealthPRIME™, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED IN THE AGGREGATE TO THE PRORATED AMOUNT REMAINING OF THE SUBSCRIPTION FEE, IF ANY, PAID BY YOU FOR THE SERVICES FOR THE THEN-CURRENT TERM OF THIS AGREEMENT OR THE AMOUNT, IF ANY, THAT YOU HAVE PAID TO WealthPRIME™ TO USE THE WEBSITE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. Proprietary Information
The content, selection, organization, text, graphics, design, arrangement, compilation, magnetic translation, digital conversion and other matters related to the WealthPRIME™ Website, the Services and the Information contained therein, are the property of WealthPRIME™ and/or its respective licensors and are protected by applicable copyright, trademark, trade dress and other laws of the United States and international treaties. No license or other rights under any such intellectual property rights are implied or granted under this Agreement other than the licenses expressly set forth in this Agreement and all other rights are expressly reserved hereunder. You agree not to copy, reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, commercially exploit or create derivative works based on, the Services or Information in any manner without the express prior written consent of WealthPRIME™. You further agree not to create abstracts from, scrape or display headlines from the Services for use on another website or service, or to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without WealthPRIME’s™ prior written consent. You also agree not to use the Information for any unlawful purpose. You agree to comply with reasonable written requests by WealthPRIME™ to protect WealthPRIME’s™ rights in the Information.
7. Third Party Links
The Website and Services may contain references or hyperlinks to third party websites. Such hyperlinks are provided for Your reference purposes only. WealthPRIME™ (a) does not control such other websites, and makes no guarantee as to the accuracy, currency, content or quality of any such sites and information, including noninfringement of such websites or the content contained in such websites; (b) assumes no responsibility as to whether such third party websites contain unintended or objectionable content; and (c) makes no endorsement of such websites or their products, services or content.
8. User Contents
Users are solely responsible for the contents of any messages they post on bulletin boards, chat rooms, discussion boards or other communications devices as may be provided by the Website or the Services from time to time, as well as for the consequences of any such messages. WealthPRIME™ accepts no responsibility whatsoever in connection with or arising from such messages. WealthPRIME™ has no control over nor does it endorse such messages. The messages are not reviewed by WealthPRIME™ prior to posting and do not necessarily reflect the policies and opinions of WealthPRIME™. You acknowledge that WealthPRIME™ makes no warranties, express or implied, as to the contents, accuracy or reliability of the messages or any other posted information. You agree not to use the Website or the Services for chain letters, junk mail, “spamming” or commercial solicitations, and not to send any message or material that is unlawful or gives rise to civil liability. All such communications through the Services are public and not private communications. WealthPRIME™ reserves the right to edit, restrict, and/or remove in whole or part such communications for any reason or no reason without any liability whatsoever to the User.
You agree to defend, indemnify and hold harmless WealthPRIME™, its affiliates, and their respective employees, officers, directors, shareholders, members, agents, representatives, service providers and suppliers, from and against any and all claims, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees, costs and expenses) arising from Your violation of this Agreement or any third party’s rights, including without limitation infringement of any copyright, violation of any other proprietary right or invasion of any privacy rights of any third party.
10. Use of Software, Programs, Applications or Other Devices to Access Electronic Services
With the exception of standard commercial Internet Browser software, You agree not to use any software, program, application or any other device to access or log on to WealthPRIME’s™ computer systems, the Website, or to automate the process of obtaining, downloading, transferring or transmitting any content, Information or quotes to or from WealthPRIME’s™ computer systems or the Website.
11. Term and Termination
This Agreement will remain effective until terminated by You or by WealthPRIME™. WealthPRIME™ reserves the right to change the contents of the Website or to discontinue it at any time, in addition to the right to deny access to the Website to any person who WealthPRIME™ reasonably believes may be using the Website for an unlawful or unauthorized purpose or in a manner that violates the terms and conditions of this Agreement. WealthPRIME™ reserves the right to terminate this Agreement and Your access to the Website, the Services and Information, or any portion of them in its sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to breach of this Agreement, discontinuation of WealthPRIME’s™ access to any Information or data from any third party provider or termination of one or more agreements between WealthPRIME™ and any provider of Information. In the event of a termination by WealthPRIME™, neither the Information providers nor WealthPRIME™ shall have any liability to You.
12. Survival of Terms
13. Amendments to Agreement
WealthPRIME™ reserves the right, in its sole discretion, to change, modify, add or delete portions of the terms of this Agreement at any time by notifying You of the change by posting notice of such changes on the Website. You agree that Your accessing or using the Website, or any Service or Information after any changes are made to this Agreement will constitute Your agreement to and acceptance of such changes.
14. Notice and Procedure for Making Claims of Copyright Infringement
WealthPRIME™’s’ policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. You agree that any claim of alleged infringement will be made in accordance with such policy and such Act.
15. Governing Law
This Agreement is governed by the laws of the State of California, USA, without regard for its conflicts of laws rules or your actual state or country of residence. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
This Agreement represents the complete and exclusive statement of the agreement between You and WealthPRIME™ and supersedes any prior agreements, oral or written, and any other communications between You and WealthPRIME™ relating to the subject matter of this Agreement. Any dispute between the parties will be resolved exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association and shall be held in Santa Clara County, California, USA. If any action or proceeding is commenced to enforce or interpret this Agreement or any right arising in connection with this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all reasonable attorneys’ fees, costs and expenses incurred by such prevailing party in connection with such action or proceeding. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Any waiver of any provision of this Agreement by WealthPRIME™ will be effective only if in writing and signed by an officer of WealthPRIME™.